Jeff Jonah v. Kimberly-Clark Corporation et al

Northern District of California, cand-4:2015-cv-03243

Declaration of Amy Lally

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Case4:15-cv-03243-PJH Document25-1 Filed08/04/15 Page1 of 3 1 Amy P. Lally, SBN 198555 alally@sidley.com 2 Darlene M. Cho, SBN 251167 dcho@sidley.com 3 SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 4 Los Angeles, California 90013 Telephone: (213) 896-6000 5 Facsimile: (213) 896-6600 6 Attorneys for Defendants 7 KIMBERLY-CLARK CORPORATION; KIMBERLY-CLARK GLOBAL SALES, 8 LLC; and KIMBERLY-CLARK WORLDWIDE, INC. 9 10 UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 12 13 JEFF JONAH, an individual, on behalf of) Case No. 15-cv-03243-PJH 14 himself, the general public and those) similarly situated,) Assigned to: Hon. Phyllis J. Hamilton 15) Plaintiff,) DECLARATION OF AMY P. LALLY 16) PURSUANT TO LOCAL RULE 6-2(a) IN v.) CONNECTION WITH STIPULATION 17) SETTING BRIEFING SCHEDULE AND KIMBERLY-CLARK CORPORATION;) HEARING FOR DEFENDANTS’ MOTION 18 KIMBERLY-CLARK WORLDWIDE,) TO DISMISS AND STRIKE, OR IN THE INC.; KIMBERLY-CLARK GLOBAL) ALTERNATIVE, MOTION TO STAY 19 SALES LLC; and DOES 1 through 50) FOLLOWING PLAINTIFF’S FILING OF) FIRST AMENDED COMPLAINT 20 Defendants.)) Complaint Filed: June 9, 2015 21) Trial Date: None Set) 22)) 23 24 25 26 27 28 DECLARATION OF AMY P. LALLY (CIV. LOCAL RULE 6-2(a)) CASE NO. 15-CV-03243-PJH Case4:15-cv-03243-PJH Document25-1 Filed08/04/15 Page2 of 3 1 DECLARATION OF AMY P. LALLY 2 I, Amy P. Lally, declare as follows: 3 1. I am a partner at Sidley Austin LLP, counsel of record for defendants Kimberly-Clark 4 Global Sales LLC, Kimberly-Clark Corporation and Kimberly-Clark Worldwide, Inc. 5 ("Defendants") in the above-captioned action. I am admitted to practice before this Court. This 6 Declaration is made pursuant to Civil Local Rule 6-2(a) in connection with the concurrently-filed 7 Stipulation Setting Briefing Schedule and Hearing for Defendants’ Motion to Dismiss and Strike, or 8 in the Alternative, Motion to Stay Following Plaintiff’s Filing of First Amended Complaint 9 ("Stipulation"). I have personal knowledge of the following facts and, if called and sworn as a 10 witness, could and would competently testify thereto. 11 REASON FOR THE REQUESTED EXTENSION 12 2. On June 9, 2015, Plaintiff commenced this action by filing a complaint in the 13 Superior Court of San Mateo County; 14 3. On July 13, 2015, defendants Kimberly Clark Global Sales, LLC and Kimberly-Clark 15 Worldwide, Inc. removed this action to federal court (Doc. No. 1); 16 4. On July 20, 2015, defendants Kimberly Clark Global Sales, LLC and Kimberly-Clark 17 Worldwide, Inc. filed a motion to dismiss and strike certain allegations in the complaint filed by 18 Plaintiff, or in the alternative, to stay the action pending the appeal in Davidson v. Kimberly-Clark 19 Corporation, et al., case number 14-cv-1783-PJH (the "Davidson Action") (the "Motion") (Doc. No. 20 12); 21 5. On July 23, 2015, this action was deemed related to the Davidson Action and 22 assigned to the Honorable Phyllis J. Hamilton pursuant to Local Rules 3-12 and 7-11 (Doc. No. 16); 23 6. On August 3, 2015, Plaintiff responded to the Motion by filing a first amended 24 complaint (Doc. No. 24); 25 7. On August 3, 2015, in exchange for defendants’ agreement to forego the formalities 26 of requiring Plaintiff to serve Kimberly-Clark Corporation with process, the Parties agreed, subject 27 to Court approval, to the following briefing and hearing schedule with respect to defendants’ motion 28 1 DECLARATION OF AMY P. LALLY (CIV. LOCAL RULE 6-2(a)) CASE NO. 15-CV-03243-PJH Case4:15-cv-03243-PJH Document25-1 Filed08/04/15 Page3 of 3 1 to dismiss the first amended complaint or strike certain allegations therein, or in the alternative, 2 motion to stay the action pending the appeal in Davidson: 3 • Deadline for defendants to file motion: 9/2/2015 4 • Deadline for plaintiff to file opposition: 9/16/2015 5 • Deadline for defendants to file reply: 9/23/2015 6 • Proposed Hearing Date/Time: 10/7/2015 at 9:00 a.m. 7 PREVIOUS TIME MODIFICATIONS 8 8. The Parties have not previously requested any time modifications. 9 EFFECT ON SCHEDULE 10 9. Given the timing of the proposed hearing date and the current Case Management 11 Conference date, this request may impact the Court’s Order Setting Case Management Conference. 12 I declare under penalty of perjury under the laws of the United States of America that the 13 foregoing is true and correct. 14 15 Executed this 4th day of August, 2015, at Los Angeles, California. 16 17/s/Amy P. Lally 18 Amy P. Lally 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF AMY P. LALLY (CIV. LOCAL RULE 6-2(a)) CASE NO. 15-CV-03243-PJH